First hearing (indictment) Committal proceedings When dealing with indictable offences, the magistrate is not responsible for determining conviction or innocence of the accused, but only for directing cases to other higher courts. Such procedures are called committal proceedings. In a committal proceeding, the magistrate has the responsibility to ensure the severity of the case and the evidence are enough to bring the case to the High Court. If the magistrate thinks the severity and the evidence are not enough to bring the case before the High Court, the magistrate can remove the charges and free the accused; otherwise, the magistrate will transfer the case to the High Court. Because indictable offences are normally more severe, the Secretary or the prosecutors are normally not ready for a formal committal proceeding in the first hearing. The prosecutors thus usually request the magistrate to postpone the committal proceeding in the first hearing so that the prosecutors can have more time to collect evidence and wait for further instructions from the Secretary. Moreover, the prosecutors are required to provide a package of detailed information to the accused at least 7 days before the formal committal proceeding hearing. According to Sections 80A and 80B (1) of the Magistrates Ordinance, the package includes (1) a copy of the complaint made or information laid before the court, (2) copies of the statements of those witnesses whom the prosecution intends to call at the trial, (3) copies of documentary exhibits, and (4) a list of exhibits. On the day of committal proceeding, otherwise known as "the return day", the magistrate must follow the guidance provided in the Magistrates Ordinance Sections 80A (4) and 85A(1)(d): Preliminary inquiry References Law of Hong Kong Criminal procedure